PEOPLE v. JOSSIAH


2 A.D.3d 877 (2003)

769 N.Y.S.2d 743

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR JOSSIAH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 2003.


Ordered that the order is affirmed.

Pursuant to CPL 440.10 (2) (c), a motion to vacate a judgment of conviction must be denied when, although sufficient facts appear on the record to have permitted adequate review, the defendant unjustifiably failed to raise the issue on his direct appeal. On the defendant's direct appeal, he argued, inter alia, that the People failed to prove his knowledge of the weight of the cocaine in his possession, and thus reversal was...

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